On May 5, 2020, the Seventh Circuit held that violations of the section 15(b) disclosure and informed consent provisions of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) constitute “an invasion of personal rights that is both concrete and particularized” for the purposes of establishing Article III standing to sue in federal courts. However, the Seventh Circuit also held that the alleged harms associated with violations of section 15(a) of BIPA were insufficient to establish Article III standing. Section 15(a) mandates public disclosure of a retention schedule and guidelines for permanent destruction of collected biometric information.
Covington has previously discussed developments in BIPA litigation, which has proliferated in recent years with the advancement of relevant technologies. The increase in BIPA litigation has been accompanied by a rise in disputes over the nature of the harm required to sustain an action, both in state and federal courts. Although this issue was seemingly resolved at the state-level by the Illinois Supreme Court’s 2019 Rosenbach decision, federal courts have continued to grapple with the issue for the purposes of Article III standing.
Continue Reading Seventh Circuit Rules on Article III Standing Issues in Illinois BIPA Lawsuit, Allowing Case to Proceed in Federal Court